Pratibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20695 of 2020 Arising Out of PS. Case No.-431 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Pratibha Kumari, Wife of Sushil Kumar Resident of Village - Chaupur Bharat, P.O. Sanathi, P.S. - Bochachan, District Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Prakash Shrarma- Advocate Mr. Arjun Prasad- Advocate For the State :

Mr. Ajay Mishra- A.P.P.

For the Vigilance :

Mr. Rana Vikram Singh- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-10-2020 Heard learned counsel appearing for the petitioner, learned counsel appearing for the Vigilance as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends his arrest in connection with Gaighat P. S. Case No.431 of 2019 registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the I.P.C.

The accusation against the petitioner is that she got appointment on the post of Teacher by giving fake certificate. However, it is submitted on behalf of the petitioner that earlier, Gaighat P. S. Case No.46 of 2017 was registered against the

Patna High Court CR. MISC. No.20695 of 2020(2) dt.21-10-2020 2/2 petitioner and others for the same offence and the petitioner was granted anticipatory bail vide A.B.P. No.886 of 2018, but again for the same offence, the present case has been lodged. Learned counsel appearing for the Vigilance opposed the prayer, but on the above stated submissions, he fairly conceded that prior to institution of the present case, Gaighat P. S. Case No.431 of 2019 was lodged against the petitioner.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Muzaffarpur in connection with Gaighat P. S. Case No.431 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash/- U T